正当程序

涉及不当行为指控的学生有权:

1. Meet with an official from the 教务长 office regarding the conduct matter in question.
2. 拒绝回答任何问题或做出自证其罪的陈述.
3. 在涉及第九章/不当性行为的案件中, the responding party is presumed to not be responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.
4. Have an adviser that is an OU faculty, staff, or student to offer support to the student. 如果有必要的话, the 教务长 office will assist in identifying an adviser that is part of the OU community; provided, 然而, that OU does not guarantee that: (i) OU will be able to secure an adviser for the student; and/or (ii) OU will be able to secure a particular adviser selected by the student. 尽管本款有任何相反规定, it is the student's responsibility to secure and communicate with his or her adviser. An adviser may attend an administrative or committee hearing; provided, 然而, that the adviser's only role in any committee hearing is to observe and provide support and the adviser will not be allowed to otherwise actively participate in a hearing.
5. 在涉及不当性行为和第九条性骚扰的案件中, 两个学生都可以有自己选择的指导老师, 包括律师. If a party in a sexual misconduct/Title IX sexual harassment matter does not have an adviser at the hearing stage, 大学将为他们免费指派一名顾问.
6. 信息是否以合理的保密方式保存, 如果法律允许的话, 在适用法律规定的范围内. 保密性无法保证. Except as otherwise provided in the SCC or as prohibited by University Policy or other law, 投诉, 指控, witness names and evidence may be shared among University employees or external parties on a need-to-know basis. 在涉及不当性行为的案件中, the reporting party may request confidentiality and the process outlining how such requests are handled can be found in the 学生行为准则 Hearing Process.
7. Request that OU take immediate and interim measures to protect parties involved and the OU community throughout this process, regardless of whether the matter is adjudicated through the SCC or reported as a crime to the OUPD.
8. 为他提供支持性服务. 在标题IX/性行为不端事项, 这包括非纪律性, 酌情提供非惩罚性的个性化服务, 是合理可行的, and without a fee or charge to the reporting party or responding party before or after the filing of a formal complaint or where no formal complaint has been filed.
9. 在任何聆讯前，收到一份有关指控的书面陈述. 除了, 第九章/不当性行为, 在调查前收到一份关于指控的书面声明.
10. 除了教育法第九章/不当性行为, choose either an administrative or a committee hearing (responding party only). 有时, a less formal means may be used for resolving 投诉 if the reporting and responding parties voluntarily agree; 然而, such means will not be used to address allegations of sexual violence and the responding party may request an administrative or committee hearing at any time before completion of any less formal means.
11. Bring witnesses to a committee hearing who have direct information relating to the case and present exhibits at a committee hearing. The reporting and responding parties must notify the 教务长 office in writing prior to the hearing of the names of any witnesses who will testify at, 展览将在, 委员会听证会. 品格证人提供的资料必须以书面形式提交.
12. 询问证人，包括报告方. 然而, 由于某些事件的敏感性, in some cases questions will be submitted to the Chairperson of the hearing panel to ask the questions of the reporting party on the responding party's behalf. The Chairperson must deem the question(s) appropriate and relevant to the hearing. The parties will be notified by the 教务长 office in such circumstances.  然而, 第九章/不当性行为委员会听证会, each party’s adviser will ask questions of the other party and of the witnesses rather than submitting the questions to the Chairperson to ask them. The Chairperson must deem the question(s) relevant before the party or witness answers and must explain the reasons for not allowing any questions.
13. 收到72小时通知的时间, 日期, and place of a committee hearing along with a list of potential witnesses and exhibits that have been provided to the 教务长 at that time; 第九章/不当性行为, 将提供10天通知. 学生主任将通知双方, 在委员会听证会之前, if any other witness names or exhibits are provided to the 教务长.
14. 不加解释地排除一个委员会成员. Notice must be given at least 24 hours prior to the hearing via written notification or by telephone. 被排除在外的委员将不参加听证会. The 教务长 may be present at the hearing but does not participate in determining responsibility for the allegations.
15. 除了教育法第九章/不当性行为, choose to resolve the matter in an administrative hearing with the understanding that selecting an administrative hearing means the responding party waives the rights provided to them in #10, #11, #12和#13.
16. 知道, 如果被追究责任, the conduct committee or the 教务长 conducting the administrative hearing may impose one or more sanctions as provided in this SCC; for Title IX/Sexual misconduct matters, the conduct committee or the 教务长 will also decide on remedies for the reporting party. Determination of responsible or not responsible is based on a “preponderance of evidence” standard, 这意味着“更有可能”发生了违规行为.
17. Receive written notification of the decision reached by the hearing panel concurrently and the right to request an appeal in writing within ten business days if there is new evidence or a significant procedural error. 在第九条/性行为不端的情况下, there is an additional basis of appeal based upon conflict of interest or bias that affected the outcome of the matter.